No Smoking Rule

Time November 25, 2009 User Kristen Bailey Email Print Comment 0 Comments Share Link

If the government fails to legislate a ban on smoking in multi-unit residential buildings, could a condominium corporation be held liable to a unit owner for a human rights violation regarding a resident's disability in the form of an allergy to second hand smoke?

A rule effectively requires approval by at least a majority of owners if a meeting is requisitioned, and one can assume that a rule banning smoking will be hotly debated and fought by smokers. You also have to consider that a rule banning smoking would have to be grandfathered. An amendment to a declaration to ban smoking (the most effective way to ensure that a smoking prohibition would be upheld) requires a much higher percentage of owners' approval. The condominium act does not provide for a rule to be passed by a board that could circumvent the notice/requisition obligations on that grounds that it is necessary to comply with a human rights obligation. Therefore if a majority of owners were not in favour of a shift to a non-smoking building, and  voted against a rule regarding same, what can a condominium corporation do to accommodate that resident? Smoke flows between gaps in doors, from a balcony to the next, and through internal vents. Building modifications can only go so far. What else is a condominium supposed to do, if anything?
Tags: no smoking rule
Categories: General Interest
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